JUDGMENT :

Dr. A.K. Rath, J.

This appeal is by the defendant.

2. Plaintiff-respondent instituted the suit for declaration of right, title and interest or in the alternative for partition of the suit land. The case of the plaintiff was that the suit land originally belonged to one Ghuman. He had four sons, namely, Goutam, Hari, Bansi and Ashok. In a family partition, the suit land fell to the share of Goutam. He was in possession of the same. Niladri was the wife of Goutam. Prasad, defendant, was the son of Ashok. Goutam had a daughter, namely, Dhubuni. She predeceased her parents. Parbati, plaintiff, is the daughter of Dhubuni and grand-daughter of Goutam and Niladri. Goutam died about 20 years back leaving behind him widow, Niladri, who possessed the suit land. Niladri died on 1.11.76 leaving behind the plaintiff as her only heir. The plaintiff was in possession of the suit land. The defendant managed to get his name recorded in the current settlement R.O.R. He falsely claimed to be the adopted son of Goutam. He is not the adopted son of Goutam and Niladri. With this factual scenario, she instituted the suit seeking the relief’s mentioned supra.

3. The defendant entered contest and fi